Skip to main content

Condemned murderer Brandon Astor Jones loses another appeal

Brandon Jones
Brandon Jones
An appellate court on Friday rejected another attempt by Brandon Astor Jones to stop his execution scheduled for Tuesday for the 1979 murder of a Cobb County convenience store manager.

Late in the afternoon, a judge in Butts County, which is where Georgia's execution chamber is located, said the issues raised in Jones' appeal were decided years ago and cannot be revisited.

Jones' lawyers argued in the appeal that it's rare for a murderer to be sentenced to die if the crime that made the case eligible for the death sentence was armed robbery. A death sentence can be given only in certain circumstances, such as when certain felonies were committed at the same time as the murder, if the crime was exceptionally horrendous, or if a law enforcement officer was killed.

"Even at the time of Mr. Jones' original sentence in 1979, a death sentence for a murder that occurred in those circumstances was an anomaly," his lawyers wrote.

"Since the time of Mr. Jones' crime, a death sentence for a murder that occurs in the context of a place-of-business armed robbery has fallen into complete extinction," they wrote. "A death penalty has not been imposed in Georgia for a murder committed during an armed robbery in the last 20 years."

They wrote Jones' execution would be "unconstitutionally disproportionate and excessive" because "in Georgia today" his crime would not be considered the worst of the worst and deserving of capital punishment.

Jones also makes the same arguments in his clemency petition filed with the State Board of Pardons and Paroles. The Parole Board will hear from Jones' family and attorneys Monday morning. Tackett's widow and daughter, along with Cobb County prosecutors, are scheduled to speak to the board Monday afternoon.

The 11th U.S. Circuit Court of Appeals on Thursday rejected Jones' challenge concerning the state law that keeps secret the identity of the pharmacist who will make the pentobarbital that will be used to put him to death.

Jones and co-defendant Van Roosevelt Jones were both sentenced to die for murdering Roger Tackett, who had stayed after closing at the Tenneco convenience store and gas station to finish paperwork.

Tackett was shot 5 times early Father's Day morning almost 37 years ago. Jones and Solomon were immediately arrested because a Cobb County police officer was outside the store at the time, having driven a stranded motorist to the Tenneco to use the pay phone.

Solomon was electrocuted Feb. 20, 1985, while Jones' execution was delayed when a federal judge ordered him re-sentenced because the jury that convicted him and voted for death in 1979 had a Bible in the room during deliberations. Jones was re-sentenced to death in 1997.

Jones is the oldest man on Georgia's death row and stands to be the oldest person the state has executed. His 73rd birthday is Valentine's Day.

Source: Atlanta Journal-Constitution, January 30, 2016


Watch killer die? Victim's kin won't. Co-defendant's son might

Georgia's death chamber
Georgia's death chamber
The widow and daughter of the man Brandon Astor Jones murdered in 1979 don't plan to watch his execution, scheduled for Tuesday evening.

They will be together at the Cherokee County home of Katie King, who was 7 when her father was killed.

"I will be at peace, being with my mom," said King, referring to Christine Bixon.

Bixon - who was Christine Tackett until she remarried 4 years after her husband's murder - said she did not attend the execution of Jones' co-defendant Van Roosevelt Solomon 30 years ago and she doesn't plan to attend the one set for Tuesday at the Georgia Diagnostic and Classification Prison outside Jackson.

But Zuberi Solomon, who was 2 when his father and Jones murdered convenience store manager Roger Tackett, has asked the Department of Corrections to allow him to be a witness. He has not received an answer.

He said he wanted to "see the face of the person that destroyed 2 families."

"They've lost their father (and husband)," Solomon said. "You feel sympathy for them. I definitely know what it feels like. Senseless."

Zuberi Solomon says all the blame for the murder should go to Jones and not his father, a 1-time Baptist preacher who by then had a painting business. Jones worked for Van Roosevelt Solomon.

Zuberi Solomon said Jones forced his father at gunpoint to drive from Atlanta's West End to Cobb County so he could buy drugs and it was Jones who decided they should break into the Tenneco on Delk Road. He said his father did not shoot Tackett, even though police found 2 guns that had been fired and gunshot residue on the hands of both men.

Solomon and Jones were arrested because Cobb County police Officer Ray Kendall was outside the store when Tackett was shot. The officer had driven a stranded motorist to the Tenneco to use a pay phone and became suspicious when he found Tackett's car parked in front with the driver's side door open. Kendall was looking through a window when Jones peeked out of the storeroom door.

Kendall found Tackett lying in a pool of his own blood inside the storeroom, shot once in the thumb and twice in the hip and the head.

Each suspect blamed the other for firing the shot that killed Tackett.

Van Roosevelt Solomon, who had been in prison in Oklahoma, was electrocuted in 1985.

Source: Atlanta Journal-Constitution, January 30, 2016

- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most viewed (Last 7 days)

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

South Dakota | Latest appeal from state's lone death row inmate denied

SIOUX FALLS, S.D. (KELO) — The U.S. Court of Appeals for the 8th Circuit has rejected the latest appeal from Briley Piper, the only person on death row in South Dakota. In March 2000, Briley Piper, along with co-defendants Elijah Page and Darrell Hoadley, conspired to burglarize the Lawrence County home of 19-year-old Chester Poage before abducting and murdering him by beating, stabbing, and stoning in a remote area.  Piper was subsequently arrested, convicted of murder, and sentenced to death, while his accomplices received either a death sentence—carried out against Page in 2007—or a sentence of life imprisonment without parole. 

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Texas | James Broadnax's appeals: US Supreme Court denies 2 claims, confession pending

Despite an 11th-hour confession from another man, James Broadnax is slated to be executed by the state of Texas later this week.  Broadnax, 37, is scheduled to be put to death by lethal injection April 30 in Huntsville. He was condemned by a Dallas County jury in 2009 for the deaths of Stephen Swan, 26, and Matthew Butler, 28, outside their Garland music studio. Broadnax and his cousin, Demarius Cummings, had set out to rob the men, but left with only $2 and a 1995 Ford, according to previous reporting from The Dallas Morning News. 

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.